Petitioners sought protection in a matrimonial dispute involving inter-caste marriage by mutual consent. The court disposed of the plea by directing respondent relatives to consider grievances independently rather than issuing an injunction.
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Crl. Misc. No.M-37516 of 2010
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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Crl. Misc. No.M-37516 of 2010 Date of decision: 21.12.2010
Shazada Akhtar and another
.. Petitioners
Versus
State of Punjab and others.
.. Respondents
Present:- Mr.Naresh Kaushik, Advocate, for the petitioners. * * * *
S.S. SARON, J.
The petitioner on their own have performed Nikah on 06.12.2010. The copy of Mukame Nikaha Gara dated 06.12.2010 (Anneuxre P-3) issued by the Imam Nasir Masjid, Gur Mandi, Jalandhar, has been placed on record. The photographs (Annexure P-4) showing the parties as husband and wife have been placed on record. The petitioner No.1 before performing Nikah had requested her parents to agree to her marriage with petitioner No.2. Initially, her parents were agreeable but due to intervention of close relatives and respondents No.6 to 9, who are the father, brothers and sister respectively of petitioner No.1, her parents refused to accept the same on the ground of social honour and caste differences. The petitioner No.1 was beaten by her brother-Rahish. However, on account of the liking of the petitioners, for each other, they on their own have performed Nikah.
The petitioners are permanent residents of State of Jammu and Kashmir. However, for the last six months, petitioner No.2 is staying at Jalandhar and is working at a dry-cleaning shop at Jalandhar.
Crl. Misc. No.M-37516 of 2010
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Both the petitioners are staying in the house of one Jaswinder Singh at Gopal Nagar, Jalandhar. On account of their marriage, that has been performed by the petitioners, they apprehend danger to their life and liberty from respondents No.6 to 9, who, as already noticed, are the father, brothers and sister respectively of petitioner No.1. A close IPS friend of the father (respondent No.6) and mother of petitioner No.1, it is stated, is in Punjab Police. Therefore, respondents No.6 to 9 are threatening the petitioners at the instance of the said IPS officer of Punjab Police. It is stated that petitioner No.1 with her own sweet will and with full mind and knowledge performed her marriage with petitioner No.2.
It is submitted that both the petitioners are major. The date of birth of petitioner No.1 is 17.01.1990. In this regard, she has deposed an affidavit dated 07.12.2010 (Annexure P-1) . The date of birth of petitioner No.2, it is stated, is 11.08.1986. The petitioner No.2 has placed on record his Identity Card (Annexure P-2) issued by the Election Commission of India in which year of his birth has been mentioned as 1986. The averments made in the petition are supported by affidavit of petitioner No.2.
Both the petitioners are present in Court and are identified by their counsel. It is stated by the petitioners that they have solemnized their marriage with each other of their own free will and desire and without any kind of pressure or undue influence. It is also stated by the petitioners that they were not earlier married. Besides, they are happy with their marriage.
Keeping in view the facts and circumstances of the case, the criminal miscellaneous petition is disposed of with a direction to respondents No.2 to 5 that in case the petitioners approach any of them
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Crl. Misc. No.M-37516 of 2010
setting out their grievances as have been made in the present petition, the same would be looked into and considered by them independently and in accordance with law.
December 21, 2010 sukhpreet
(S.S. SARON) JUDGE
2 issues framed by the court
Whether to grant protection to inter-caste minor-major petitioners who performed Nikah on their own will against family objections.
How to direct respondent parents and relatives to handle grievances of petitioners independently without state interference at this stage.
Shazada Akhtar and another
State of Punjab and others
S. S. Saron
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
